Writ petition challenging denial of three advance increments under UGC scheme. Court interpreted scheme restricting benefit to fresh recruits with Ph.D, dismissing petition as petitioner fell outside eligible category despite litigation history.
Petitioner not entitled to any further advance increments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
WP(C).No. 29371 of 2007 (V)
PETITIONER:
DR. C.S.JAMES, PH.D. PROFESSOR, (RETD. KERALA AGRICULTURE UNIVERSITY), PLOT NO.1, NEHRU NAGAR THRISSUR-6.
BY ADVS.SRI.B.SAJEEV KUMAR SRI.M.K.THANKAPPAN
RESPONDENTS:
1. KERALA AGRICULTURE UNIVERSITY,
2. THE CONTROLLER, KERALA AGRICULTURE UNIVERSITY, VELLANIKARA
3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, KERALA AGRICULTURE UNIVERSITY
4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-08-2012 AND THE COURT ON 14-09-2012, DELIVERED THE FOLLOWING:
WP(C).No. 29371 of 2007 (V)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY//
PA TO JUDGE
Scl.
**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.29371 of 2007
Dated this the 14th day of September 2012
J U D G M E N T
This writ petition is filed challenging Exts.P9 and P10 proceedings and for a declaration that the petitioner is entitled to get the benefit of three advance increments as per Exts.P7 and P8 Government orders.
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“In the above circumstances the claim of the petitioner for opting the UGC scheme with effect from 01/01/1996 is well-founded. The clarification by the Government in Ext.R2(a) has no relevance or significance as far as the factual position is concerned. This is a case of promotion granted to the petitioner to the post of Professor in 1986. Only pursuant to prolonged litigation the said benefit could be granted to the petitioner as per Ext.P1 order dated 12/03/2001. Therefore, it is only just, fair, proper and legal that the petitioner is given the consequential benefits also, as has been given to those who had been promoted as Professors prior to 01/02/1988. Appropriate action in the light of the judgment shall be taken within a period of three months from the date of production of a copy of the judgment.
The petitioner submits that he was indicted to U.G.C scheme with effect from 24/05/1986 pursuant to Ext.P6 pay slip issued to him. Still further, the petitioner has a case that while giving such a benefit, the three advance increments payable as per Ext.P7 was not granted. Though he had submitted various
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representations, by Ext.P10 the same were rejected. Hence the writ petition.
W.P.C.No.29371/2007
4
Clause 4.04 reads as under:
“4.04 In order to encourage research, in continuation of Post Graduate studies, candidates who at the time of their recruitment as Assistant Professor possess Ph.D Degree will be sanctioned three advance increments along with the benefit of corresponding years of service for the purpose of promotion. The existing Assistant Professors without research degrees, and those similarly situated recruited in future will be eligible for a similar benefit in service for the purpose of promotion as and when they acquire research degrees, but will not be eligible for advance increments. Existing Assistant Professors with Ph.D will also be eligible for a similar benefit.”
W.P.C.No.29371/2007 5
promotion as and when they acquire research degrees, but will not be eligible for advance increments. It is further stated that existing Assistant Professors with Ph.D will also be eligible for a similar benefit. The petitioner does not fall under the said category and it cannot be stated that the petitioner is entitled for three advance increments as stated in Ext.P7.
Candidates having Ph.D/M.Phil at the time of recruitment as Assistant Professor will be eligible for THREE/ONE advance increments respectively along with the benefit of three years service for Ph.D holders and one year service for M.Phil holders respectively for the purpose of career advancement. This provision also will not help the petitioner.
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Writ petition is therefore dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
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2 issues framed by the court
Whether a retired Assistant Professor is entitled to three advance increments under the UGC scheme having obtained a Ph.D prior to his induction.
Whether the benefit of advance increments is applicable only to fresh recruits as Assistant Professor holding a Ph.D or also to existing Assistant Professors who acquired degrees later.
Dr. C.S. James
Kerala Agriculture University
The Controller, Kerala Agriculture University
The Deputy Director, Local Fund Audit
The State of Kerala
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
